As mixed use of residential and commercial spaces becomes more prevalent in Chattanooga, problems with noise have also been increasing. A complaint about noise coming from a bar in an apartment building at 100 Market St. was heard at the Chattanooga Beer Board meeting on Thursday. This is the first time a dispute regarding noise has been brought to the board.
Assistant City Attorney Melinda Foster said there were two issues to decide.
First the board had to determine that there was a violation of the beer code, and if so, what the penalty would be.
This issue stemmed from a complaint by Robert Clark, a resident of the apartment directly above The Leaping Leprechaun Pub and Eatery that he said occurred at a St. Patrick’s Day party on March 13. This was the third call he had made to the Chattanooga Police about the noise. He told the board his apartment buffers others in the building, so no other residents have called to complain. Chattanooga Police Officer Michael Estock responded and, with a calibrated decibel meter, measured a steady 48 decibels that occasionally spiked to 52-54. The city’s noise ordinance specifies a maximum of 50 decibels measured within the boundary line of the nearest residential property.
The HOA agreement in that building allows a “casual dining” establishment. Five years ago, when Leaping Leprechaun opened, it fit the description with an occupancy of under 50 and had no live music. It has since transitioned into a bar and expanded the space, doubled the occupancy and added a patio area.
The noise level for the first two complaints were at or below what is allowed and just slightly above for the call that brought the case to the beer board. Part of the problem is caused by the construction of the building which was built for retail and so has no sound insulation.
Brendan O’Doherty, operator of the bar, said most of the music he has is acoustic, but on March 13 it was amplified and the band ignored his instructions to keep noise at 50 decibels. He said that since that time he has had no music and has added pool tables and dart boards to the new space and there have been no complaints.
The board determined that there was a violation of the beer code, although the noise was just barely over the threshold. A penalty of a three-day suspension of the beer license which will begin in two weeks was given. It was noted that the bar also has a liquor license. The board also urged all parties involved to try to work with the HOA to find a solution.
Bill Raines, owner of a building at 235 E. MLK Blvd., with apartments, including some used as short-term rentals, had the same complaint about noise affecting tenants. He said he is losing one and is getting bad reviews for his vacation rentals because of the noise. It was noted the problem is worse in old buildings that were not built for bands, and this one was erected in 1893.
Beer Board Secretary Trevor Atchley responded that noise complaints are handled as a nuisance and are not heard by the beer board unless it is brought by the city. Officer John Collins with the city’s regulatory board suggested that a starting point would be with the city’s noise ordinance at the Chattanooga City Council. The beer board can also be more deliberate in emphasizing the code that requires a business “be a good neighbor.”